CHAPTER 4

Question 1

Reviewing the
Legal Frameworks

Answer 1

● Terre Nullius
● Papal Bull
● Doctrine of Discovery
● Royal Proclamation of 1763

Question 2

Treaties

Answer 2

Treaties are a common thread running through the history of the Indigenous–European relationship

Question 3

treaties demonstrate

Answer 3

an ability of both sides to willingly enter into a purposeful dialogue

Question 4

Treaties remain symbolic of

Answer 4

political and economic
imbalances that have led to ongoing colonialism

Question 5

treaties also characterize Canada’s failure to

Answer 5

failure to adhere to
the spirit and intent of sacred covenants

Question 6

Both sides agree

Answer 6

reconciliation is possible only once we improve our understanding of treaty principles

Question 7

Indigenous nations developed unique political ideologies to

Answer 7

○ Preserve their cultural autonomy
○Maintain their political sovereignty
○ Safeguard their traditional lands

Question 8

A North American treaty order emerged

Answer 8

○ Indigenous treaties encouraged regional balance by fostering peaceful relationships

Question 9

Language barriers existed, making

Answer 9

communications
difficult

Question 10

Nations thus developed critical diplomatic skills
based

Answer 10

in a common political process

Question 11

The council was the diplomatic arena for resolving

Answer 11

complex diplomatic issues

Question 12

Negotiating the treaty was as important as the
outcome because?

Answer 12

○Delegates were interested in the overall tone of discussions and their opponents’ diplomatic skills
○Promises and affirmations that resulted from goodfaith negotiations were considered binding
○Negotiations and final agreements had to be
committed to memory
○Treaty councils ended when gifts and wampum were exchanged

Question 13

Europeans previously used the doctrine of discovery to acquire

Answer 13

Indigenous lands

Question 14

Terra nullius

Answer 14

lands (land deemed unoccupied) could
be occupied legally

Question 15

Eventually Indigenous peoples were recognized as having

Answer 15

imperium (liberty) and dominium (property)

Question 16

As Aboriginal title existed, the Monarch could
acquire title in one of three ways

Answer 16

○ If the land was later abandoned
○ If a just war was waged on infidels
○ If sanctioned negotiations led to a formalized treaty
acknowledging a land sale

Question 17

There are four key eras of treaty making

Answer 17

○ First contact to the Royal Proclamation (1763)
○ Post–Royal Proclamation to Confederation (1867)
○ Post-Confederation to the Natural Resources Transfer Agreements (1930)
○Modern treaty period (1975–present)

Question 18

These have been described as compact

Answer 18

(era 1),
contract (era 2), and covenant (era 3)

Question 19

They were negotiated during two different periods

Answer 19

○ Treaties 1–7 from 1871–1877
○ Treaties 8–11 from 1899–1921

Question 20

treaties 1-7

Answer 20

1871–1877

Question 21

treaties 8-11

Answer 21

1899-1921

Question 22

The Robinson–Huron and –Superior Treaties of

Answer 22

1850

Question 23

Royal Proclamation (1763) land-surrender provisions stated that

Answer 23

public negotiations must occur prior to any land sale to a Crown agent

Question 24

Treaties were desirable for several reasons

Answer 24

○ They were a means to protect Indigenous peoples
○ They extinguished Aboriginal title

Question 25

Indigenous leaders sought treaties

Answer 25

○ To retain sovereignty over people, lands, resources ○ To secure promised First Nations development ○ To secure revenue sharing

Question 26

Once on reserves, First Nations discovered that

Answer 26

their political status was diminished

Question 27

The concept of treaties as binding covenants was ignored

Answer 27

○ Canada arbitrarily began altering their provisions ○ These overt transgressions undermined the treaty relationship, leading to claims that they had been broken/were in need of renewal

Question 28

Specific land claims

Answer 28

○Grievances related specifically to abrogation of treaty promises

Question 29

From 1973 to 2016, 1,713 specific land claims were filed

Answer 29

○ 133 were in assessment phase ○ 1,222 were concluded ○ 138 were in active litigation/awaiting decision

Question 30

Comprehensive land claims

Answer 30

○Negotiated settlements needed to clarify land and resource rights for Indigenous groups lacking a treaty ○Or where extinguishment of Aboriginal rights is questionable

Question 31

Terre Nullius

Answer 31

"Terre nullius" is a Latin term meaning "land belonging to no one," used historically to justify colonization by European powers. It was applied to lands that were perceived as unclaimed,

Question 32

There are 26 completed comprehensive land claims covering roughly

Answer 32

40 percent of Canada’s land mass

Question 33

Papal Bull

Answer 33

A Papal Bull is an official decree issued by the Pope, often dealing with important church matters or political issues.

Question 34

Doctrine of Discovery

Answer 34

The Doctrine of Discovery was a principle from the 15th century that justified European colonization by granting Christian European powers the right to claim lands "discovered" by their explorers, regardless of Indigenous populations.

Question 35

Royal Proclamation of 1763

Answer 35

The Royal Proclamation of 1763 was issued by King George III to organize British territories in North America after the Seven Years' War. It aimed to protect Indigenous lands by restricting colonial expansion beyond the Appalachian Mountains and required treaties for land transactions

Question 36

the Seven Years' War.

Answer 36

The Seven Years' War (1756–1763) was a global conflict mainly between Britain and France, with battles fought in Europe, North America, and other regions. In North America, it is known as the French and Indian War, where British colonies fought against French forces and their Indigenous allies